Timothy Ryan v. Amesbury, City of - City Clerk (SPR 20232183)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 27, 2023 SPR23/2183 Amanda Haggstrom City Clerk City of Amesbury 62 Friend Street Amesbury, MA 01913 Dear Ms. Haggstrom: I have received the petition of Timothy Ryan appealing the response of the City of Amesbury (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 1, August 3, August 9, and August 11, 2023, Mr. Ryan requested the following records: [1.] Taxes paid from 2011 to the present [on six identified properties][;] [2.] Taxes paid from 2011 to the present [on three identified properties][;] [3.] The fence regulation used on [identified properties][;] [4.] From 2011 to the present what [an identified party] paid for taxes on [an identified location][.] Prior Appeal The requested records were the subject of a prior appeal. See SPR23/2039 Determination of the Supervisor of Records (September 6, 2023). In my September 6th determination, I learned that the City provided Mr. Ryan with a response on August 30, 2023. Unsatisfied with this response, Mr. Ryan petitioned this office and this appeal, SPR23/2183, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Amanda Haggstrom SPR23/2183 Page 2 September 27, 2023 It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(d)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). The City’s August 30th Response In its August 30, 2023 response, the City stated, “Mr. Ryan submitted a public records request for 1 single property and the taxes paid going back to 2011. I sent the request to the tax department, and they were unclear on how to provide the information, so they went through their system and made a list on letterhead of all of the years and taxes, free of charge. Mr. Ryan was satisfied with that, and then submitted another request for another 6-8 properties. The tax department was not happy because of how time consuming the first property was and I told them that print outs with the year and amount paid is sufficient, and to not spend time creating new documents for him because it is not required under public records law. We communicated that to him, and gave him all the information he requested, but just not in the new format he was requesting. He told us he was willing to pay for it, and we told him that we would not be creating new documents for him, and that we fulfilled our legal obligation by providing the information he did request.” No Duty to Create Records Under the Public Records Law, the City is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Conclusion Accordingly, where the City has confirmed that it provided the existing records, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Mr. Ryan is not satisfied with the resolution of this administrative appeal, he is advised that this office shares jurisdiction with the Superior Court of the Commonwealth of Massachusetts. See G. L. c. 66, § 10A(c).

Amanda Haggstrom SPR23/2183 Page 3 September 27, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Timothy Ryan